( 1 ) THE defendant is the appellant before me. The plaintiff filed the suit for ejectment of the defendant from the disputed tank and its banks. The learned Munsif dismissed the suit. The plaintiff filed an appeal. The learned Subordinate Judge reversed the decree of the learned Munsif and decreed the suit.

( 2 ) THE plaintiff alleged as follows : one Harendra and one Nagendrabala were non-agricultural tenants under a niskar touzi-holder in respect of holding No. 8 Mallickpara Lane, Howrah within the municipal town of Howrah. Nagendrabala died leaving two daughters Saibalini and Mira who in their turn surrendered their interest in the holding to Nagendrabala's reversioner Nripen. Thereafter there was a partition between Harendra and Nripen and the disputed property comprising a tank and its banks came to the share of Nripen. The plaintiff subsequently acquired the interest of Nripen. The defendant was a lessee in respect of the jalkar of the disputed tank. The plaintiff determined this lease by service of notice to quit under Section 106 of the Transfer of Property Act but the defendant failed to vacate and hence the suit. The defence was that one Benimadhab was a tenant of the t

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